Bill Text: TX HB2999 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to air filtration efficiency standards at certain educational and child care facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-12 - Referred to Environmental Regulation [HB2999 Detail]
Download: Texas-2019-HB2999-Introduced.html
86R7893 JG-D | ||
By: Talarico | H.B. No. 2999 |
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relating to air filtration efficiency standards at certain | ||
educational and child care facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 5, Health and Safety Code, is | ||
amended by adding Chapter 396 to read as follows: | ||
CHAPTER 396. AIR FILTRATION EFFICIENCY STANDARDS AT CERTAIN | ||
EDUCATIONAL AND CHILD CARE FACILITIES | ||
Sec. 396.0001. DEFINITIONS. In this chapter: | ||
(1) "Agency" means the Texas Education Agency. | ||
(2) "Child care facility" has the meaning assigned by | ||
Section 88.001. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "Executive director" means the executive director | ||
of the commission. | ||
(5) "Private school" has the meaning assigned by | ||
Section 5.001, Education Code. | ||
Sec. 396.0002. ADOPTION OF RULES. The commission shall | ||
adopt rules establishing air filtration efficiency standards for | ||
public schools, private schools, and child care facilities in | ||
accordance with the recommended best practices for air filtration | ||
in schools adopted by the National Air Filtration Association in | ||
2012 or with more recently adopted best practices that the | ||
commission determines will better protect public health. | ||
Sec. 396.0003. TESTING AND REPLACEMENT OF HVAC SYSTEMS. | ||
(a) Each public school, private school, and child care facility in | ||
this state shall periodically test and, as necessary, replace a | ||
heating, ventilation, and air conditioning system or a component of | ||
the system used in any part of the school or facility to meet air | ||
filtration efficiency standards that comply with commission rules. | ||
Each test of the system must be conducted in accordance with | ||
commission rules and any applicable standards adopted by the United | ||
States Environmental Protection Agency. | ||
(b) Each public school, private school, or child care | ||
facility shall perform the testing required under this section at | ||
least once each year unless the executive director determines for a | ||
specific case that a greater or lesser frequency of testing is | ||
necessary or sufficient to ensure public health. This subsection | ||
does not prevent a school or facility from conducting more frequent | ||
testing than required under this section. | ||
Sec. 396.0004. NOTICE OF TESTING RESULTS. (a) Each public | ||
school, private school, and child care facility shall: | ||
(1) submit to the commission and the agency | ||
information on testing conducted under Section 396.0003, | ||
including: | ||
(A) the date the testing was completed; | ||
(B) the location and type of each heating, | ||
ventilation, and air conditioning system tested; | ||
(C) the results of each test; and | ||
(D) any actions taken under Section 396.0003 to | ||
replace a heating, ventilation, and air conditioning system or | ||
component of the system that does not meet air filtration | ||
efficiency standards adopted by the commission under Section | ||
396.0002; | ||
(2) for the information submitted under Subdivision | ||
(1): | ||
(A) maintain copies in a suitable location for | ||
inspection by the public; | ||
(B) post the information on the Internet website | ||
of the school or facility; and | ||
(C) notify parent, teacher, and employee | ||
organizations of the availability of the information; and | ||
(3) designate a person to serve as the contact person | ||
for communications with the commission, the agency, and the public | ||
regarding the testing and replacement activities. | ||
(b) If testing conducted under Section 396.0003 reveals a | ||
heating, ventilation, and air conditioning system or component of | ||
the system that does not meet air filtration efficiency standards | ||
adopted by the commission under Section 396.0002, the public | ||
school, private school, or child care facility shall provide notice | ||
of the test results through written notice, electronic mail, or | ||
other means approved by the commission to the teachers, the school | ||
or facility personnel, and a parent or legal guardian of each | ||
student or child attending the school or facility. The | ||
notification must be made within one business day of the receipt of | ||
the test results and must include: | ||
(1) a summary of the test results and information on | ||
the availability of the complete test results for public inspection | ||
at a suitable location and on the Internet website of the school or | ||
facility; | ||
(2) a description of any actions taken under Section | ||
396.0003 to replace the system or a component of the system; | ||
(3) general information on the public health effects | ||
and risks posed by inadequate air filtration systems; and | ||
(4) the name and contact information of the person | ||
designated under Subsection (a)(3) to communicate with the public. | ||
Sec. 396.0005. BIENNIAL REPORT. Not later than December 1 | ||
of each even-numbered year, the executive director and the agency | ||
jointly shall prepare and submit to the governor, the lieutenant | ||
governor, the speaker of the house of representatives, and each | ||
member of the legislature a written report that includes a summary | ||
of the information submitted under Section 396.0004(a)(1) in the | ||
preceding two years. | ||
SECTION 2. Not later than December 1, 2019, the Texas | ||
Commission on Environmental Quality shall adopt rules as necessary | ||
to implement Chapter 396, Health and Safety Code, as added by this | ||
Act. | ||
SECTION 3. Not later than July 1, 2020, each public school, | ||
private school, and child care facility shall test and, as | ||
necessary, replace a heating, ventilation, and air conditioning | ||
system or component of the system as required under Section | ||
396.0003, Health and Safety Code, as added by this Act. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |